Cell: 978 921 4100

Jos. Waldbaum, Esq.

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LEOMINSTER CASES

DOLPHINE; 978.342.9333

LEOMINSTER

EVIDENCE SUPPRESSED; CASE DISMISSED;
LICENSE RESTORED IMMEDIATELY

Witness reported to police seeing client drink from a wine bottle while in driver's seat in parking lot. The police went into a store where she had gone and placed her in the rear of a cruiser and then asked her where her keys were. She told them in the car. They found the wine bottle inside the console and saw the keys in the ignition. At my motion to suppress evidence, I argued placing her in the rear of a cruiser and asking questions without being given Miranda warnings violated her rights. The judge agreed and excluded the wine bottle and the observation of the keys in the ignition. At trial, the case was dismissed and the judge restored her license immediately.

The troopers said I had bloodshot, glassy eyes, was unsteady on my feet and failed the field sobriety tests. I took the breath test, failed it and immediately lost my license. Joe advised me how to proceed every step of the way. After writing 3 detailed reports, he advised me to fight the case and he was absolutely right. I can't recommend him more highly as a lawyer -- and a friend.

Charged with his 3rd offense, my client made several incriminating statements about his drinking: what he had to drink, when he drank it and how much. At my Motion to Suppress Evidence, I argued that the DA did not show that my client (1.) had been properly given all his Miranda warnings at the time or, even if he had, whether he (2.) understood them and (3.) "knowingly, intelligently, and voluntarily" waived them as is required by the case law.

The Judge had no choice but to throw all his incriminating statements out of Court.

My client was facing his third offense and a mandatory jail sentence of six months minimum after crossing the center line and committing multiple lanes violations. The officer noted in his report that client could barely stand when he got out of his pickup truck. On the date of trial, I convinced the district attorney to reduce the charge from third offense - a felony -- down to second offense -- only a misdemeanor. Thus, I saved my client from a felony conviction and the concomitant mandatory minimum six months in jail.

LEOMINSTER

'HE SAVED 3 YEARS OF MY LIFE FOR THE
SECOND OFFENSE REFUSAL SUSPENSION

Joe handled two OUI cases for me and obviously knew exactly what he was doing in each Court. I didn't think I had any chance whatsoever of beating the three year refusal suspension but he guided me through the complex process at the RMV and in Court and he was right all the way. He saved me three full years with no license at all and three years with an expensive, embarrassing breathalyzer in my car.